Welcome to the Summer 2011 issue of "Intellectual Property & Technology Update," a quarterly publication prepared by the members of Squire Sanders' intellectual property and technology law practice. In this issue we address the following areas of recent interest and concern:
- European Patent Strategy: A Helpful Framework
Selecting the right forum for patent litigation in Europe is often considered something of a ”black art.” In this article we discuss the issues to be considered when selecting the right forum and factors when developing a strategy in forum selection.
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- Territorial Scope of the Rulings of the Community Trade Mark Courts of EU Member States
In DHL Express (France) SAS v Chronopost SA, it is determined whether prohibition against further infringement of a Community trade mark issued by a Community trade mark court extends to the entire area of the European Union.
- Drug Patents in the EU: Up to 15 Years and Six Months’ Protection from Marketing Authorization
Merck Sharp & Dohme, as owner of a European patent for a medicinal product, applied for a supplementary protection certificate on the basis of the first marketing authorization for the product. In this article we discuss a supplementary protection certificate that may be granted for medicinal products if the period of time between the filing of the application for the basic patent and the date of first authorization for marketing in the Community is shorter than five years.
- License Agreements Under the Japan Antimonopoly Act
In this article we discuss Japan’s Antimonopoly Act and exemptions, providing an overview of the categories available for various types of agreements involving IP rights permissible under Japan’s Fair Trade Commission Guidelines for the use of Intellectual Property under the Japanese Antimonopoly Act.